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UNCLAS SECTION 01 OF 05 TEGUCIGALPA 001276
SIPDIS
STATE FOR INL/LP, INL/RM, WHA/PPC, AND WHA/CEN
E.O. 12958: N/A
TAGS: SNAREAIDPRELKCRMAFINAMGTHO
SUBJECT: INL FY 2002 LAW ENFORCEMENT LETTER OF AGREEMENT AND
REQUEST FOR ADVICE OF ALLOTMENT FOR HONDURAS
¶1. This is an action request. Please see para 2.
¶2. Action request for INL: Paragraph three has the proposed
text of the INL FY 2002 Law Enforcement Letter of Agreement
scheduled to be signed June 11, 2003 by the Ambassador and
Honduran Minister of Public Security Oscar Arturo Alvarez.
Post requests INL authorization to sign the proposed
agreement and INL advice of allotment as soon as possible.
¶3. Begin text of proposed agreement:
LETTER OF AGREEMENT ON LAW ENFORCEMENT
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF HONDURAS
¶I. GENERAL
The Government of the United States of America and the
Government of Honduras, (hereinafter each individually a
"Party" and, collectively, the "Parties") agree to establish
and to support a project designed to develop, enhance and
improve Honduran law enforcement capabilities.
The actions to be taken and the resources to be provided by
the Government of the United States of America ("USG") and
the Government of Honduras (GOH) in support of this Letter of
Agreement ("LOA") are set forth below and constitute firm
commitments by each Party. Funds granted by the USG under
the terms of this LOA are specified in a separate face sheet
and total $1,900,000.00. Future funding for these projects
by the USG is contingent upon the availability of duly
authorized and appropriated funds, satisfactory progress
toward project goals, and the approval by the U.S. Department
of State, Assistant Secretary of State for International
Narcotics and Law Enforcement Affairs ("INL").
II. PROJECT DESCRIPTION
This project is designed to strengthen the Honduran Ministry
of Public Security as a civilian law enforcement organization
operating as an integral part of the criminal justice system.
Toward that goal, the USG and the Government of Honduras
shall take actions and commit resources on an annual basis as
authorized by their respective legislative processes to
support this LOA.
Actions to be taken include providing the services of a full-
time law enforcement development advisor, other technical
assistance, training, purchase of equipment, materials and
supplies needed by the Ministry to improve the organizational
effectiveness and implement key criminal laws in
collaboration with other institutions of the justice system,
in particular the Public Ministry. The planned life of this
project is two (2) years, following which time the Ministry
of Public Security will have developed a strong
partnership with the Public Ministry and other investigative
elements of the Government of Honduras and high priority
crimes will be routinely prosecuted in accordance with the
Criminal Procedure Code. The Government of Honduras will be
expected to provide appropriate budgetary and other support
to the Ministry of Public Security and cooperating
organizations to maintain both the specialized investigative
task forces, including trained personnel, and other
improvements to organizational structure or equipment
obtained through this project.
The Parties may increase, amend, or terminate projects
undertaken in conjunction with this LOA as agreed to by the
Parties in writing. Such project shall be subject to the
terms and conditions of this LOA.
III. PERFORMANCE GOALS AND MEASUREMENTS OF EFFECTIVENESS
The specific goals of this project are to: (1) enhance the
organizational, administrative and operational effectiveness
of the Ministry of Public Security, with specific focus on
its budgeting and planning capabilities, public relations and
recruitment, and an internal affairs unit; (2) facilitate
development of standardized operational procedures between
the Ministry of Public Security, Public Ministry and other
essential organizations to investigate crime and bring
prosecutions under the new criminal procedure code in the
priority areas of kidnapping, homicide, burglary, organized
crime, money laundering and alien smuggling; (3) provide
technical assistance and training to the Ministry of Public
Security in the implementation of the Criminal Procedure
Code, including amendments currently under discussion in the
areas of kidnapping, money laundering, narcotics trafficking
and alien smuggling; (4) enhance the curriculum and
instructional capabilities of the Ministry of Public Security
training programs; and (5) develop a Field Training Officer's
Program for the Frontier Police. Effectiveness will be
measured by qualitative and quantitative indicators,
including observation by personnel of the Parties, and by
completion of: (1) the implementation of a five-year
strategic plan and budget allocation (including proposals for
continued cooperation from donor programs) for continued
effective administration (defined as an administration that
is able to allocate resources and personnel appropriately) of
the Ministry of Public Security and the development and
implementation of a working internal affairs unit within the
police structure; (2) specialized investigative units
operating in the areas of kidnapping and money laundering,
homicide, organized crime and alien smuggling whose levels of
operation will improve as indicated by case management and
the increased number of complete cases sent forward to the
Public Ministry for prosecution; (3) Implementation of any
amendments to the Criminal or Criminal Procedure Codes
adopted by the Government of Honduras related to prosecution
of such cases; (4) Development and provision of specialized
investigative training to members of the Ministry of Public
Security, the Public Ministry and other government agencies
to enable them to work in task force style units, in the
priority areas of kidnapping, homicide, organized crime,
money laundering and alien smuggling, with the understanding
that members of these units will serve in such capacity for a
minimum of two years and (5) implementation of an operational
field training program for the Frontier Police, including
full Government of Honduras budget support for Frontier
Police training and operational needs, and documented field
training reports for all graduates of the Frontier Police
Academy after September 2003.
IV. EVALUATION PLAN
Representatives of the Government of the United States and
the Government of Honduras will meet at least once every
month to review progress towards achievement of project goal
and objectives. Progress will be evaluated in accordance
with the measurements of success described above. A report
will be prepared jointly to summarize the results of these
evaluations. These evaluations are in addition to the
ongoing monitoring of the programs and activities conducted
by relevant personnel of both governments.
¶V. STANDARD PROVISIONS
¶1. Funds
¶A. Disbursement of USG funds shall be for procurement of
property, equipment, supplies, material and services
(hereinafter collectively "property").
¶B. Funds obligated by the USG that have not been spent
within twelve months following the close of the USG fiscal
year in which the LOA is signed may be de-obligated by the
USG. An extension of this period may be granted by INL.
¶C. The Government of Honduras shall contribute to the
projects in the LOA by ensuring adequate funding for normal
administrative and related expenses for host country
personnel. These expenses include the payment of rents and
utilities, telephone costs, salaries and benefits (including
medical and other insurance protection), per diem and travel
costs within Honduras, personal equipment and uniforms, and
by recruiting and retaining competent personnel.
¶D. The Government of Honduras shall make such reasonable
efforts as are necessary to ensure that funds or other
support provided under this LOA are not employed in any way
in support of drug trafficking.
¶2. Title
Title to all property, procured with funds provided by the
USG under this LOA shall be to the Government of Honduras
unless otherwise specified.
¶3. Property and Personnel
¶A. Property
(1) Property furnished to the Government of Honduras through
funds provided by the USG shall be used to further the object
and purpose of this LOA. The Government of Honduras shall
return to the USG, or reimburse the USG for the original
purchase price of, any property that it obtains through funds
provided by the USG that is not used in accordance with this
provision. The Government of Honduras shall not authorize
the re-export, transfer, loan, sale or other disposition of
any property provided to it under this LOA without the prior
written authorization of the USG. Funds derived from the re-
export, transfer, loan, sale or other disposition of any
property furnished or funded by the USG to the Government of
Honduras under this LOA shall be used to further the
objectives of the LOA.
(2) All property furnished or funded under this LOA shall be
accounted for to the U.S. Embassy by the Government of
Honduras in no less rigorous manner than would be used if the
property was acquired by the Government of Honduras with the
Government of Honduras' funds.
¶B. Personnel
(1) Before scholarships, fellowships or participant training
for personnel proposed by the Government of Honduras can be
furnished or funded under this LOA, each such person must
execute a certification, as set forth in the Annex to this
LOA, that he/she has not been convicted of a narcotics
offense and has not been involved in narcotics trafficking
within the last ten years.
(2) In order to obtain the maximum benefits from the
investment in training and other assistance provide under
this LOA, the Government of Honduras agrees to retain
personnel who have received training furnished or funded
under this LOA for a minimum of two years after completing
such training. This provision may be waived by written
agreement of the Parties.
¶4. Monitoring and Evaluation
¶A. Each Party shall have the right: (1) to examine any
property furnished or funded by that Party under this LOA to
determine that such property is being used in accordance with
the terms of the LOA; and (2) to inspect and audit any
records and accounts with respect to funds, property or
services furnished or funded by that Party under this LOA to
determine that such funds, property and services are being
utilized in accordance with the terms of this LOA.
¶B. The Parties shall monitor the progress of implementation
of this LOA, including the use of funds, property and
services furnished or funded under this LOA at least
annually. Each Party shall assign qualified personnel to
participate in the monitoring and evaluation process.
¶C. Each Party shall furnish the other with information
necessary to evaluate the effectiveness of project operations
under the terms of this LOA. At the termination of each
project, a completion report shall be issued. This report
shall include a summary of USG and Government of Honduras
project contributions, a record of activities performed,
objectives achieved and related data.
¶5. Applicable Laws
¶A. Each Party shall expend funds and support project
operations in accordance with its applicable laws and
regulations.
¶B. All property furnished or funded by the USG under this
LOA shall be procured in and shipped from the United States
unless otherwise provided for in this LOA, or in any project
annex, or as otherwise authorized in writing by the USG.
¶6. Taxes
¶A. Property and Funds
Any property or funds introduced into or acquired in Honduras
by the USG or by any person or entity (including but not
limited to contractors and grantees) funded by the USG as
part of, or in conjunction with this LOA shall be exempt from
all taxes, service charges and investment or deposit
requirements and currency controls in Honduras. The import,
export, purchase, acquisition, use or disposition of any such
property or funds in conjunction with this LOA shall be
exempt from all tariffs, custom duties, import and export
taxes, taxes on acquisitions or purchases or disposition,
value-added taxes and any other taxes or similar charges in
Honduras.
¶B. USG Personnel
All personnel employed directly or indirectly by the USG and
assigned by the USG to perform duties in Honduras in
connection with this LOA, and accompanying members of their
families, shall be exempt from all Honduran income taxes and
social security taxes with respect to income earned while in
Honduras and from property taxes on real or personal property
located in Honduras and intended for their own personal use.
Such personnel and accompanying members of their families
shall receive the same treatment with respect to the payment
of customs and import duties on personal effects, equipment
and supplies imported into Honduras for their own use, as is
accorded by the Government of Honduras to diplomatic agents
of the U.S. Embassy in Honduras.
¶C. Contract Services
Any non-Honduran national contractor, including any
consulting firm, any non-Honduran national personnel of such
contractor funded under this LOA and present in Honduras to
perform work in connection with this LOA, any property or
transaction related directly to such contracts, and any
commodity procurement transaction funded under this LOA,
shall be exempt from all taxes, tariffs, duties or other
levies imposed in Honduras.
¶D. The tax arrangements provided under paragraphs B and C are
not applicable to citizens or permanent residents of Honduras
present in Honduras in conjunction with this LOA.
¶7. Status of USG Personnel in Honduras
¶A. The Government of Honduras shall receive persons
designated by the USG to discharge responsibilities of the
USG under this LOA. Upon appropriate notification from the
USG, the Government of Honduras shall grant USG employees the
privileges and immunities accorded to the Administrative and
Technical staff of the USG and assigned to the U.S. Embassy.
Contractors under this agreement shall be granted official
acts immunity.
¶B. The privileges and immunities provided under paragraph A
are not applicable to citizens or permanent residents of
Honduras present in Honduras in conjunction with this LOA.
¶8. Human Rights
The Parties recognize that the protection of human rights is
an important element of this LOA. To this end, the Parties
understand that:
¶A. USG assistance to the Government of Honduras' law
enforcement development efforts is conditioned on the
Government of Honduras actively protecting human rights in
Honduras and;
¶B. In accordance with United States law and policy, no USG
assistance or funds shall be provided under this LOA to or
for use by a unit of the security forces of the Government of
Honduras if the USG has credible evidence that such a unit
has committed gross violations of human rights, unless the
USG determines that the Government of Honduras is taking
effective measures to bring the responsible members of the
security forces unit to justice. The Parties understand that
"effective measures" means that the Government of Honduras is
carrying out a credible investigation and that the
individuals involved face appropriate disciplinary action or
impartial prosecution in accordance with Honduran law.
¶9. Final Clauses
¶A. This LOA shall enter into force upon signature by
authorized representatives of both Parties.
¶B. Modifications to this LOA may be made as agreed by the
Parties and issued as amendments to this LOA.
¶C. Either Party may terminate this LOA by giving the other
Party 90 days' prior written notice of its intention to
terminate. The USG may suspend its obligations under this
LOA in whole or in part, upon giving the Government of
Honduras written notice with immediate effect.
¶D. Notwithstanding the notification procedures set forth in
Paragraph B, the USG reserves the right to terminate any and
all assistance provided under this LOA immediately upon
notice, or to take any other appropriate measures, if an
agency of the Government of Honduras to or through which
assistance is being provided under this LOA, or a key
individual of such agency, or any recipient of scholarships,
fellowships or training furnished or funded under this LOA,
is found to have been convicted of a narcotics offense, or to
be or have been engaged in drug trafficking. Drug trafficking
is defined as any activity undertaken illicitly to cultivate,
produce, manufacture, distribute, sell, finance or transport,
or to assist, abet, conspire, or collude with others in
illicit activities, including money laundering (defined as
the process whereby proceeds of criminal activity are
transported, transferred, transformed, converted, or
intermingled with legally acquired funds, for the purpose of
concealing or disguising the true nature, source,
disposition, movement, or ownership of these proceeds),
relating to narcotic or psychotropic drugs, precursor
chemicals, or other controlled substances. A narcotics
offense is defined as a violation of, or a conspiracy to
violate, any law or regulation of the United States, a State,
the District of Colombia or other U.S. territory, or a
foreign country relating to narcotic or psychotropic drugs or
other controlled substances as defined under United States
law.
¶E. Notwithstanding the termination of this LOA, the
obligations of the Government of Honduras under Section IV,
Paragraph 3 of this LOA relating to the use of property shall
continue to apply without respect to time, unless otherwise
agreed in writing by the Parties.
DONE at Tegucigalpa, Honduras in duplicate this 11th day of
June 2003 in the English and Spanish languages, both texts
being equally authentic.
For the Government of the For the Government
United States of America of Honduras
----------------------------- ---------------------------
Ambassador Lawrence L. Palmer, Oscar Arturo Alvarez,
United States Ambassador to Minister of Public Security
Honduras Honduras
¶4. End text of proposed agreement.
Pierce